The Florida Rules of Criminal Procedure are the court rules, adopted by the Florida Supreme Court, that control how every criminal case moves through the state’s circuit and county courts. They set the deadlines and procedures that prosecutors, defense attorneys, and judges follow from the filing of charges through sentencing and post-conviction review. A 2025 amendment to the speedy trial rule is the most consequential recent change: the clock now runs from the date formal charges are filed rather than the date of arrest.
How Charges Are Filed
A criminal case officially begins when a formal charging document lands with the court. Under Rule 3.140, the type of document depends on the offense. Capital crimes must be prosecuted by indictment, which a grand jury issues after reviewing evidence in a closed proceeding. Every other offense in circuit and county courts is prosecuted either by indictment or by an information, a written statement of charges the prosecutor files directly.1Westlaw. Florida Rules of Criminal Procedure Rule 3.140 – Indictments; Informations Both must lay out the essential facts of the alleged crime clearly enough for the defendant to prepare a defense.
Not every case begins with an arrest. Under Rule 3.125, an officer may issue a Notice to Appear instead of taking someone into custody, directing the person to show up in court on a specific date. This option is available for first- and second-degree misdemeanors, violations, and municipal or county ordinance cases, and only when the person cooperates with identification, signs the notice, and does not pose a safety or flight risk.2Florida Courts. Florida Rules of Criminal Procedure – Rule 3.125 Notice to Appear
When a physical arrest is needed, Rule 3.121 requires the arrest warrant to be in writing, to describe the offense, to be signed by a judge, and to identify the person by name or by a description specific enough to identify them with reasonable certainty.3Florida Supreme Court. Florida Rules of Criminal Procedure – Rule 3.121 Arrest Warrant
First Appearance and Pretrial Release
Anyone arrested and held in custody must be brought before a judge within 24 hours.4Florida Courts. Florida Rules of Criminal Procedure – Rule 3.130 First Appearance At this first appearance, the judge tells the defendant what they are charged with, hands over a copy of the complaint, and advises them of three rights: the right to remain silent, the right to an attorney (appointed at no cost if the defendant cannot afford one), and the right to contact counsel, family, or friends. If the defendant wants a lawyer appointed, that has to happen before anything else moves forward at first appearance.5Florida Courts. Florida Rules of Criminal Procedure – Rule 3.130 First Appearance
The judge then addresses pretrial release under Rule 3.131. Florida starts from a presumption in favor of non-monetary release, so the default is a promise to return to court rather than cash bail. That presumption applies to everyone granted pretrial release, but the calculus shifts for the most serious charges. A person charged with a capital crime or an offense punishable by life imprisonment may be denied release entirely if the proof of guilt is strong.6Supreme Court of Florida. Florida Rules of Criminal Procedure – Rule 3.131 Pretrial Release
When conditions beyond a simple promise are warranted, the judge can require a cash bond, electronic monitoring, or restrictions on travel and contact. If the state wants the defendant held with no possibility of release, it has to file a separate motion for pretrial detention under Rule 3.132 and show that no combination of conditions can adequately protect the community.
Arraignment and Entering a Plea
After first appearance, the next formal step is arraignment under Rule 3.160. The judge, clerk, or prosecutor reads the charges from the indictment or information, and the defendant enters a plea: not guilty, guilty, or, with the court’s permission, no contest. In practice, defense attorneys often waive the formal reading and file a written plea of not guilty, which removes the need for the defendant to appear at arraignment at all.7Florida Courts. Florida Rules of Criminal Procedure – Rule 3.160 Arraignment A defendant who appears without an attorney must be told about their right to counsel, and one may be appointed on the spot if they qualify.
Most Florida criminal cases end in a plea rather than a trial, and Rule 3.170 sets the mechanics. A defendant can plead guilty to the charged offense or, with the prosecutor’s consent and the court’s permission, to a lesser included offense or a lower degree of the original charge. For misdemeanors, the defendant may plead guilty as early as first appearance, and the judge can sentence right then without waiting for a formal information.8Florida Courts. Florida Rules of Criminal Procedure – Rule 3.170 Pleas
Withdrawing a plea gets harder the further the case moves. Before sentencing, the court has discretion to allow a defendant to take back a guilty or no-contest plea and must do so on a showing of good cause. If judgment has already been entered, the court can still set that judgment aside and let the defendant plead not guilty. After sentencing, the path narrows and typically requires showing the plea was involuntary or that some constitutional violation occurred. A plea entered and later withdrawn cannot be used against the defendant at trial.
Discovery: What Each Side Must Share
Florida’s criminal discovery is broader than in many states. Under Rule 3.220, the defendant opts in by filing a Notice of Discovery. Once that notice is filed, the state has 15 days to provide a written Discovery Exhibit that opens up a wide range of the prosecution’s file.9Westlaw. Florida Rules of Criminal Procedure Rule 3.220 – Discovery
The state must disclose the names and addresses of witnesses it plans to call, any recorded or written statements by the defendant, electronic surveillance records, and tangible evidence it intends to use at trial. Discovery runs both ways: the defense must share the names of its witnesses and any expert reports it plans to introduce. Both sides can also take depositions of witnesses under oath before trial, a tool Florida allows more freely than the federal system does.
One duty is not optional. The prosecution has a constitutional obligation, rooted in Brady v. Maryland, to turn over evidence that tends to show the defendant is not guilty, whether or not a Notice of Discovery is filed. Rule 3.220 reinforces that requirement by directing the state to disclose witnesses with information that tends to negate guilt.10Florida Courts. Florida Rules of Criminal Procedure – Rule 3.220 Discovery Convictions have been overturned when prosecutors buried favorable evidence, so this is the area where discovery violations carry the harshest consequences.
Pretrial Motions
Before trial, both sides can file motions to resolve legal issues or narrow the evidence the jury will hear. Rule 3.190 covers most of them.
A motion to dismiss under Rule 3.190(c) asks the judge to throw out the case. The two most common grounds are that the undisputed facts do not establish a crime and that the defendant has already been granted immunity for the conduct charged. These motions can be filed at any time during the case.11FindLaw. Florida Rules of Criminal Procedure RCRP Rule 3.190 – Pretrial Motions
Motions to suppress are the other major pretrial tool. Rule 3.190(g) lets a defendant ask the court to exclude physical evidence obtained through an illegal search or seizure, whether police acted without a warrant, relied on a defective warrant, or executed a valid warrant improperly. Rule 3.190(h) covers confessions and admissions obtained illegally, requiring suppression of any statement taken in violation of the defendant’s rights. Both must be filed before trial unless the defendant did not know about the grounds earlier.12Florida Courts. Florida Rules of Criminal Procedure – Rule 3.190 Pretrial Motions A defendant filing a suppression motion has to identify the specific evidence and explain why it should be excluded. The court first decides whether the motion is legally sufficient; if it is, the defendant presents evidence and the state responds.
Speedy Trial Deadlines
Rule 3.191 imposes firm trial deadlines. A misdemeanor must be brought to trial within 90 days, and a felony within 175 days. As of July 1, 2025, those deadlines run from the date formal charges are filed rather than from the date of arrest.13Justia Law. In Re: Amendments to Florida Rule of Criminal Procedure 3.191 The same amendment requires the state to file formal charges within 60 days for defendants released on pretrial conditions.
If the deadline passes without a trial, the defendant can file a Notice of Expiration of Speedy Trial Time. That triggers a mandatory recapture period: the court must hold a hearing within five days, and absent a valid reason for the delay, it orders the state to bring the defendant to trial within the recapture window. Under the 2025 amendment, the recapture window is 30 days, up from the previous 10.14The Florida Bar. Florida Supreme Court Reworks Speedy Trial and Formal Charges Timeline If the state still fails to start the trial within that window through no fault of the defendant, the charges must be dismissed permanently.
Several things pause the clock: continuances at the defense’s request, periods when the defendant is unavailable, and exceptional circumstances the court documents in writing. A defendant may also file a separate Demand for Speedy Trial, which shortens the timeline further but limits defense preparation time as well.
Competency to Proceed
A defendant who cannot understand the proceedings or meaningfully assist their attorney cannot be tried. Rules 3.210 through 3.212 govern how courts handle competency, and either side, or the court itself, can raise the issue at any stage.
Under Rule 3.211, appointed experts assess whether the defendant can consult with counsel with a reasonable degree of rational understanding and whether they have both a factual and rational understanding of the proceedings. The experts look at specific capacities: whether the defendant can appreciate the charges and potential penalties, understand that the process is adversarial, share relevant facts with counsel, behave appropriately in court, and testify relevantly.15Florida Courts. Florida Rules of Criminal Procedure – Rule 3.211 Competence to Proceed If the defendant is found incompetent, the report must recommend treatment, describe the likelihood of restoration, and estimate how long treatment would take. The case is not dismissed; charges stay pending, the defendant is reevaluated periodically, and if competency is restored, the case picks up where it stopped.
Trial: Jurors, Challenges, and Verdict
A criminal trial starts with jury selection, known as voir dire under Rule 3.300, where attorneys question potential jurors to uncover bias. Florida uses six-person juries for all criminal cases except capital offenses, which require twelve.16Florida Courts. Florida Rules of Criminal Procedure – Rule 3.270 Number of Jurors
Either side can strike jurors for cause when actual bias is shown, and there is no limit on those challenges. Peremptory challenges, which let a party strike a juror without giving a reason, are capped by Florida Statute 913.08:
- Death penalty or life imprisonment cases: 10 per side.
- Felonies punishable by more than one year: 6 for the state, 6 for the defense.
- All other offenses: 3 per side.
When multiple defendants are tried together, each defendant gets a full allotment, and the state gets as many challenges as all defendants combined.17The Florida Legislature. Florida Statutes 913.08 – Number of Peremptory Challenges
Once the jury is sworn, the prosecution presents its case first. The defense has the option, but never the obligation, to call witnesses or present evidence. After both sides rest, attorneys deliver closing arguments and the judge instructs the jury on the applicable law, using instructions worked out in a separate conference where both sides can propose language and object.
Rule 3.440 requires the verdict to be delivered in writing by the foreperson in open court and read aloud by the clerk. No verdict is valid unless every juror agrees with it. Any juror who disagrees can speak up when the verdict is read, and either side can request that the jury be polled individually. Only after the court confirms unanimity is the verdict entered and the jury discharged.18Florida Courts. Florida Rules of Criminal Procedure – Rule 3.440 Rendition of Verdict
Sentencing
After a conviction, the judge determines the sentence using the Criminal Punishment Code, implemented through Rule 3.704, which replaced the older sentencing guidelines under Rule 3.701 for offenses committed on or after October 1, 1998.19Florida Attorney General. Florida Criminal Punishment Code Manual The state attorney’s office prepares a scoresheet that assigns points based on the primary offense, additional pending charges, the defendant’s prior record, and aggravating factors like victim injury. The defense reviews the scoresheet for accuracy, and the sentencing judge must sign it before imposing a sentence.20Florida Senate. Florida Code 921.0024 – Criminal Punishment Code; Worksheet Computations; Scoresheets
The total points produce a minimum permissible sentence. If the judge wants to go below that floor, they must provide written reasons justifying the departure. The judge can also hear victim impact statements and mitigation evidence such as the defendant’s mental health history or cooperation with authorities. Two defendants convicted of the same offense can receive very different sentences based on what the scoresheet and the judge’s assessment produce.
After a Conviction
Motion for New Trial
If a legal error may have tainted the trial, Rule 3.590 allows a motion for new trial within 10 days after the verdict in non-capital cases, or within 10 days after the written judgment in capital cases where a death sentence was imposed.21Florida Courts. Florida Rules of Criminal Procedure – Rule 3.590 Time for and Method of Making Motions The deadline is strict. Common grounds include newly discovered evidence, juror misconduct, and errors in jury instructions. This motion is the first chance to ask the trial judge to fix a problem before an appellate court gets involved.
Correcting a Sentence
Rule 3.800 offers two paths for sentencing errors. Under subdivision (a), a court can correct an illegal sentence or a scoresheet calculation error at any time, as long as the court records themselves demonstrate the problem. Under subdivision (b), either party can move to correct a sentencing error, including incorrect jail credit, during the window for filing a notice of appeal. The state can use this motion only if the correction benefits the defendant or fixes a clerical mistake.22FindLaw. Florida Rules of Criminal Procedure RCRP Rule 3.800 – Correction, Reduction, and Modification of Sentences
Post-Conviction Relief Under Rule 3.850
For deeper challenges to a conviction, Rule 3.850 is the primary vehicle. A convicted person can move to vacate, set aside, or correct a sentence on grounds that include constitutional violations, lack of jurisdiction, a sentence exceeding the legal maximum, or an involuntary plea. Ineffective assistance of counsel is the most commonly raised claim, and the motion must describe specifically what the attorney failed to do and how that failure changed the outcome.23Florida Supreme Court. Florida Rules of Criminal Procedure – Rule 3.850 Motion to Vacate, Set Aside, or Correct Sentence
The deadline is two years after the judgment and sentence become final in non-capital cases, and one year in capital cases where a death sentence was imposed. A motion challenging a sentence that exceeds the legal maximum can be filed at any time. Three exceptions extend the two-year deadline: facts the defendant could not have discovered earlier with reasonable effort, a newly recognized constitutional right that applies retroactively, and situations where the defendant hired an attorney to file the motion on time and that attorney failed to do so. Claims that could have been raised at trial or on direct appeal generally cannot be raised for the first time in a 3.850 motion, which is why getting the record right at every earlier stage matters so much.